The URL can be used to link to this page

Home My WebLink About923800 ¡~~~~~~J~~~m~~~~[ ~: -----.. --.---.-- ., '__M~M_· ~A·_......._... [JJ 000369 RIGHT OF FIRST REFUSAL OPTION Right of First Refusal Option granted by Leah Bitton, formerly known as Leah Ivie ("Bitton"), of 107423 North Highway 89, Etna, WY 83118, to Silver Bar Investrrlents LLC, a Wyoming Limited Liability Company ("Silver Bar"), of 1424 East Forest Oaks, Fresno, CA 93720. For valuable consideration the receipt whereof Bitton acknowledges, and also in consideration of the promises and conditions hereinafter contained, the parties agree as follows: 1. Conveyance of Droœrtv. The parties understand and agree that by a warranty deed of even date Bitton has conveyed to Silver Bar the following described real property located in Lincoln County, Wyoming: That part of the NE1/4 and that part of the NW1/4SE1/4 of Section 15, T35N, R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 11 PR, page 10, as more particularly described on the attached "Description for the Glaspey Family Trust Dated 15 May 1992, Glaspey Tract-. SUBJECT TO all covenants, easements, exceptions, restrictions, reservations and rights of way of sight or record. 2. ODtion Darcel. The parties understand and agree that Bitton still owns property in Lincoln County, Wyoming, adjacent to the property described above, more particularly described as follows ("the option parcen: The property described in that certain Warranty Deed dated June 4, 1955, and recorded in the Office of the Lincoln County Clerk on June 29, 1955, in Book 11 PR, page 10: E1/2NE1/4 except the east 50 feet which is U.S. Highway 89 North, SW1/4NE1/4, that portion of the NW1/4SE1/4 described as follows: Commencing at the NW comer of the SE1/4, thence S63D20'E, 1,479 feet; thence NODE 664 feet; thence N90DW 1,322 feet to point of beginning; all in Section 15, T35N, R118W, being approximately 131 acres. RECEIVED 10/27/2006 at 3:00 PM RECEIVING # 923800 BOOK: 638 PAGE: 369 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ---..--.- --- --.. ................ O~~38'JO 000370 SUBJECT TO a right of way as described in said deed. LESS and EXCEPT the property described in paragraph 1 above. They also understand and agree that if Bitton should ever receive a bona fide offer to sell the option parcel. Silver Bar shall have the right of first refusal to purchase the option parcel for the price and upon all of the terms and conditions of that offer. 3. Riaht of first refusal. If at any time, Bitton shall receive a bona fide offer ("the offer") from any person to purchase the option parcel, Bitton shall send Silver Bar written notice of the offer and of her intention to accept the same. Silver Bar shall have the right within thirty (3D) days of the mailing of the notice by Bitton to exercise their option to purchase the option parcel at the price and on the terms set forth in the offer by sending to Bitton written notice of exercise of the option. Thereupon, Silver Bar shall purchase the option parcel according to the price, conditions and terms set forth in the offer. If Silver Bar fails to exercise the option or upon exercise fails to purchase the option parcel according to the offer, Bitton may sell the option parcel but only at the price and on the terms of the offer. 4. Assianment. All rights of Silver Bar hereunder are assignable only with the prior written consent of Bitton. 5. Entire aareement. This option constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to this option or any property affected by this option have been made by, or shall be binding on, any of the parties, except as expressly stated in this option. This option may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any change is sought. 6. Notices. Any notice or demand under this option shall be by registered or certified mail, sent to the parties at the addresses given above or subsequently provided in writing. 7. Construction. The interpretation, construction and performance of this option shall be governed by the laws of the State of Wyoming. 8. Benefit. Except as restricted by this option, this option shall inure to the benefit of, and shall bind, the heirs, successors and assigns of the respective parties. 2 ft.,:· :~:::::::::::::::;; j4P.;'··'.t4~'j'~~" i;ii¡fmi~i~~~::fu;j ;:~:i2::i::t¡:r:;:: ~::~~~~;::;¡:::: ::~: 0923800 00037~ 9. Time of the essence. Time is of the essence of this agreement. 10. AttorneY's fees. In the event of litigation between the parties concerning this agreement or subject matter, the prevailing party in that litigation shall be entitled to recover their attorney's fees and costs in addition to any other relief received. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Right of First Refusal Option as of the 25th day of October, 2006. ¿¡~ ¡j~ Leah Bitton Silver Bar Investments LLC, a Wyoming Limited Liability Company By: Rodger Glaspey, Managing Member STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Leah Bitton formerly known as Leah Ivie, a single woman, this 25th day of October, 2006. Witness my hand and official seal. GERALD L GOUlDING- NOTARY PUBUC Ccu1ty of 11:\ State cI UncoIn 'IIi' Wyoming My CommisSion Expires May 2, 2007 ~~~ NOTARY PUBLIC My commission expires: May 2, 2007. 3 41· 0_'__"_'.' ___ .. . . ·_.______.__. O~~:J800 000372 9. Time of the essence. Time is of the essence of this agreement. 10. Attornev's fees. In the event of litigation between the parties còncerning this agreement or subject matter, the prevailing party in that litigation shall be entitled to recover their attorney's fees and costs in addition to any other relief received. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Right of First Refusal Option as of the 18th day of October, 2006. Leah Bitton Silver Bar Investments LLC, a Wyoming Limited Liability Company By: STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Leah Bitton formerly known as Leah Ivie, a single woman, this day of October, 2006. Witness my hand and official seal. NOTARY PUBLIC My commission expires: May 2, 2007. 3 !'::I;'¡'Ó:..>:¡·.:~:'ii . ,I .~."... ,. ,.j , r .I \2t:i!:"::~:~'\1' '" ~::H::~~:::::;::;'~ I~ I ~'. :~.:l~:~~::~" '~~~~IIf:~~:; 0923800 000373 STATE OF CALIFORNIA ss. COUNTY OF Rli.~ D On this ;),,5 day of October, 2006, before me personally appeared Rodger Glaspey, to me personally known, who, being by me duly sworn, did say that he is the Managing Member of Silver Bar Investments LLC, a Wyoming Limited Liability Company, described in and which executed the foregoing instrument; that said instrument was signed and sealed in behalf of said limited liability company by authority of its members; and said Rodger Glaspey acknowledged said instrument to be the free act and deed of said limited liability company. Given under my hand and notarial seal the day and year first above written in this certificate. r"-"-~:~ @ ~~,#1"'" t -_.~ ,.. _ _ ~~~~29i':~ 4f~~~ ~9 .~D{ D. I My commission expires: Afi'. 4 '" ··..___·~··~·._u ...-........,...-......... ···.·00"·'·......___......·...,..... O~~3& 0 _1Md ........ PuN, ...... Wyo. ...-.... ,.. _.......... '170 _.............. 3lIIIO _......... No._ -..- WO......... No. ~ _ FIogIohtion No._ u..h ~ No. 372111 1OoUIlDW£ .. ICH£AØ£J. Wyo. .......... No. sa '""'- _ LID. -. WyonIng Big Pinoy, WyonIng -. WyonIng ..... Hal Soringo, _ ~.- iillr~ ~: :~;i:~":':i ~¡;<"'~ ~ . ";".".".':-.'.,..., o 0374 DESCRIPTION FOR THE GLASPEY FAMILY TRUST DATED IS MAY 1992 GLASPEY TRACT To-wit: - - That part of the NEY. and that part of the NWY.SEY. of Section 15, T35N RI19W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book II of Photostatic Records on page 10, described as follows: BEGINNING at the northwest comer of the NEY.NEY. of said Section 15; thence S89°-55'-07"E, 53.65 feet, along the north line of said NEY.NEY., to a point; thence S28°-12'-24"E, 264.95 feet, to a spike; thence S46°-46'-59"E, 240.82 feet, to a spike; thence S39°-4I'-03"E, 319.89 feet, to a spike; thence S29°-27' -02"E, 665.56 feet, to a spike; thence S38°-14' -09''E, 513.34 feet, to aspike; thence N89°-50' -38"E, 69.86 feet, to a point on the westerly right-of-way line of U. S. Highway 89; thence Sooo-09'-22''E, 1021.64 feet, along said westerly right-of-way line, to a point on the south line of said NEY.NEY.; thence N89°-53'-47"W, 1267.03 feet, along said south line, to the southwest comer thereof; thence Sooo-12'-19"E, 664.00 feet, along the east line of said NWY.SEY., to a point; thence N63°-1I '-59''W, 1477.95 feet, to the southwest comer of said NEY.; thence Nooo-14'-33"W, 1323.04 feet, along the west line of the SWY.NEY. of said Section IS, to the northwest comer thereof; thence S89°-54'-18"E, 1317.81 feet, along the north line of said SWY.NEY., to the northeast comer thereof; thence Nooo-ll'-58"W, 1323.35 feet, along the west line of said NEY.NEY., to the CORNER OF BEGINNING; ENCOMPASSING an area of 103.12 acres, more or less; the BASE BEARING for this survey is the east line of the SEY. of Section IS, T35N R119W, being Nooo-I0'-0I''W; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminwn cap inscribed, "SURVEYOR SCHERBEL LTD AnON WY PLS 5368", with appropriate details; TR\3S-119-ISIEd Ivi. "Modification in any way of the foregoing description terminates liability of the surveyo(' '" '~~~!I~12:*~:¡:I' ~c¡; í~.1i¡:~~·:$J~¡''IÌ {;~~~~~J~kj~~.þ ...-----".--- '-)l'-jQun 09~uQ -J '~Dq';;'7" .:;¡: .'.::«-.........., :~.: ..:~~:::':~; THE GLASPEY FAMILY TRUST DATED MAY 15,1992 GLASPEY TRACf PAGE TWO all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincaln County titled. "PLAT TO ACCOMPANY BOUNDARY ADmSTMENT FOR LEAH NIE BmON AND THE GLASPE Y TRUST DATED 15 MAY 1994 WITHIN THE NEV. V.8EV. SECTIO 5 35N RI19W LINCOLN COUNTY, WYOMING", t 2006, as rc . TR\3S-119-ISIEd Iyi. ". 000375